S. D. SHAH, J. ( 1 ) THIS petition under Article 226 of the Constitution of India is filed by 5 students for issu- ance of appropriate directions to the Director General of Health Services respondent No. 1 herein and to the respondent Nos. 4 to 8 directing them to fill up the vacant seats from out of State Quota Seats reserved for All India Entrance Examination by giving admission to the local candidates from open merit list. ( 2 ) PETITIONERS are the students from the State of Gujarat. Petitioners have passed their Stan- dard 12 examination (Higher Secondary Certificate Examination) conducted in March 1990 by obtaining over 75% marks in Science subjects. It is their case that they are desirous of seeking admission to medical course and hence they applied for admission to medical course in the prescribed form showing their preference for respective medical colleges. The respondent Nos 3 and 4 prepared the merit list and had given admission to the students after reserving 15% of total number of seats available in medical colleges. There is no dispute about the fact there are in all 725 seals in Ist year M. B. B. S. course in 5 medical colleges within the State of Gujarat. As per the decision of the Supreme Court in the case of Dr. Pradeep Jain v. Union of India reported in AIR 1984 SC 1420 seats in the said medical course for students belonging to states other than Gujarat shall have to be reserved and consistent with the observations made in the said judgment and subsequent pronouncements of the Supreme Court 15% of total seats available in the Ist year M. B. B. S. course are reserved for State Quota Seats to be filled in from students coming to this state after passing all India Entrance Examination. For the sake of brevity said seats shall hereinafter be referred to as All India Quota Seats. ( 3 ) ALL India entrance test was held in the year 1990 and based on said test the Director General of Health Services (F and S Section) New Delhi had allotted 108 students to the State of Gujarat to different colleges. If all the 108 students allotted by the respondent No. 1 to the State of Gujarat report for studies all India Quota would be totally exhausted. If all the 108 students allotted by the respondent No. 1 to the State of Gujarat report for studies all India Quota would be totally exhausted. However only 72 students out of 108 students allotted to the State of Gujarat reported for studies at different medical col- leges. The resultant effect is that 36 seats from All India Quota remained vacant within five medical colleges in the State of Gujarat. ( 4 ) IT is the ease of the petitioners that normally the Director General of Health Services issues directions to respective states to fill up the balance seats from within the local candidates if the students allotted to the State under all India Quota do not report for studies. Petitoiners are not in position to produce any letter or communication from the respondent No. 1 showing that the respondent No. 1 has issued directions to the respondent Nos 3 and 4 to fill up the balance seats from local candidates. However from the judgment of the Delhi High Court passed in Civil Writ Petition No. 1716/91 and C. M. No. 2792/91 it becomes clear that decision is taken by the Director General of Health Services New Delhi to surrender the vacancies in medical courses to the respective States. Based on the statement contained in the order it could be reasonably inferred that the Director General of Health Services has taken decision to surrender the balance vacant seats to the respective States. In the State of Gujarat as slated hereinabove there were 36 vacancies and on surrender of such vacancies to the State authorities to be filled in by the local candidates petitioners would become entitled to get admission as per merit list. It is the case of the petitioners that by April 1991 respondent No. 1 has taken decision to surrender the balance scats from out of all India Quota seals to respective States. Pursuant to such decision local candidates who are wait-listed and could have got admission in merit list but for the quota reserved for all India students have now become eligible for being admitted to medical courses. ( 5 ) IT appears that before any action could be taken either by the State authorities or by the Director General of Health Services C. W. No. 1716 and C. M. No. 2792/91 were filed before the Delhi High Court. ( 5 ) IT appears that before any action could be taken either by the State authorities or by the Director General of Health Services C. W. No. 1716 and C. M. No. 2792/91 were filed before the Delhi High Court. By judgment and order dated 30/05/1990 the Division Bench of the Delhi High Court was pleased to direct that the petitioners of those two petitions shall be accom- modated in 171 vacancies available from all India quota by offering seats first to them as per their merit. It was further directed that to that extent the vacancies shall not be surrendered. This direction was carried out by the first respondent who sent three lists comprising of 22 stu- dents to three colleges i. e. (i) B. J. Medical College-respondent No. 5 (ii) Smt. N. H. L. Medical College - respondent No. 6 and (iii) M. P. Shah Medical College-respondent No. 8 Out of these 22 students who are allotted to the State of Gujarat in three respective colleges only 13 students have reported for studies. Thus taking out 13 students out of original vacancy of 36 students from all India quota as on date there are 23 seats vacant from all India quota. It may be noted that the letter was issued by the first respondent on 18/06/1991 directing said 22 students to report for studies within three weeks and till date only 13 students have reported from out of 22. Therefore there are clear 23 vacancies from all India quota which are required to be filled up. Question now which is required to be considered is as to whether the all India quota seats known as the State Quota Seats reserved for candidates coming from outside the State on passing all India Entrance Examination should be filled up by what time and what should happen to un-filled vacancies because of either non-allotment of the seats to all India quota students or because of students who are allotted admission to different States not reporting for studies. In either of the two eventualities seats remain vacant and question is as to how long such seats should remain vacant. Firstly it would be desirable for the first respondent to prescribe time limit within which the students of all India quota should report for studies. In either of the two eventualities seats remain vacant and question is as to how long such seats should remain vacant. Firstly it would be desirable for the first respondent to prescribe time limit within which the students of all India quota should report for studies. Secondly on all India quota students not reporting for studies to respective States to whom they are sent respective states should immedi- ately write to the first respondent and inform him that though the allotted seats are filled up as per the order of the first respondent all the students have not reported for studies and should sock further direction from the first respondent. Having undertaken that exercise respective states should wait for some direction from the first respondent and the first respondent should there- after undertake the exercise of either surrendering the balance seats to the respective States or of finding out as to whether any genuine student from all India quota is left out who could be accommodated in such balance seats. Having exhausted such students who are left out such additional seats which are not filled up should be surrendered to the respective states and the re- spective states should be at liberty to fill up such vacancies from within the local candidates as per their position in the merit list. I am also of the opinion that the first respondent should not delay this procedure of surrendering the seat from all India quota to the respective States for unrea- sonably long period. The academic term for the medical courses had already commenced and almost one year has expired and yet the admissions to first year course are not finalised. It would therefore be just and proper to direct the third and fourth respondents to fill up the local vacant seats from all India quota by giving admission to local students as per the merit list prepared by 3 and 4th respondents. If the petitioners stand any chance of getting admission as per the merit list the respondent Nos. 3 and 4 are directed to give admission to the petitioners as per the merit list in the Ist year M. B. B. S. Course. If the petitioners stand any chance of getting admission as per the merit list the respondent Nos. 3 and 4 are directed to give admission to the petitioners as per the merit list in the Ist year M. B. B. S. Course. Third and fourth respondents are also directed to report to the first respondent that the scats from all India quota so far remained vacant are now ordered to be filled up from amongst the local candidates so as to avoid any further difficulties arising from further future allotment which may be made by the first respondent. ( 6 ) I am required to note that in this petition despite notice issued by this court in the month of June 1991 the first respondent has not though it fit to appear before the court. Thereafter this court was pleased to admit the petition and to fix hearing on 8/08/1991. Despite service of this order fixing hearing on 8/08/1991 the first respondent has not appeared in this court till today. Therefore the present order is required to be passed without hearing the first respondent since the first respondent has chosen not to appear before this court despite service of sum- mons on two occasions. ( 7 ) IN the result petition succeeds. The third and fourth respondents are directed to fill up the balance scats which have remained unfilled from out of all India quota seats by giving admission to local students from within the merit list according to their respective position in the merit list prepared by the third and fourth respondents. They are further directed that if the present peti- tioners are eligible and are appearing higher up in the merit list they shall be given admission in the Ist year M. B. B. S. course as per the waiting list of 190 local candidates within three weeks from today. ( 8 ) IN the result petition succeeds. Rule is made absolute to the aforesaid extent with no order as to costs. .